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B-295402 1 (2005-02-18)

handle is hein.gao/gaobacyzj0001 and id is 1 raw text is: 


   I

         G    A     0Comptroller General
KA     Accountability * Integrity * Reliability                      of the United States
United States Government Accountability Office    DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                The decision issued on the date below was subject to a
                                                    GAO Protective Order. This redacted version has been
                                                    approved for public release.

          Decision

          Matter of:  Lockheed Martin Corporation

          File:       B-295402

          Date:       February 18, 2005

          Marcia G. Madsen, Esq., David F. Dowd, Esq., Michael E. Lackey, Jr., Esq.,
          Ilana Z. Sultan, Esq., and William L. Olsen, Esq., Mayer, Brown, Rowe & Maw, for the
          protester.
          Rand L. Allen, Esq., Paul F. Khoury, Esq., Scott M. McCaleb, Esq., Daniel P. Graham,
          Esq., and Michael S. Caldwell, Esq., Wiley Rein & Fielding, for The Boeing Company,
          an intervenor.
          Bryan R. O'Boyle, Esq., Michael J. O'Farrell, Jr., Esq., and P. Alan Luthy, Esq.,
          Department of the Air Force, for the agency.
          Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Where the record shows that performance requirements, and associated evaluation
          criteria, were altered to delete a significant requirement and an evaluation factor
          under which the protester was viewed as having an advantage, and a senior
          procurement official, who was involved in discussions that culminated in the
          deletion of the requirement, has acknowledged bias in favor of the ultimate awardee,
          the protest is sustained on the basis that the agency has failed to demonstrate that
          the senior official's acknowledged bias did not prejudice the protester and that the
          integrity of the procurement process was not compromised.
          DECISION

          Lockheed Martin Corporation protests various procurement actions taken by the
          Department of the Air Force in connection with the small diameter bomb (SDB)
          program under request for proposals (RFP) No. F08635-03-R-0038.' Specifically,


          'At the time of inception, the SDB program contemplated development of a
          miniature munition weapon system to provide fighter and bomber aircraft with
          air-to-surface capabilities to attack fixed and mobile/relocatable targets. Agency
          Report, Tab 82, Draft Operational Requirements Document, at 1. Consistent with the
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